General Terms and Conditions and Data Protection Policy (HUSS VERLAG, HUSS MEDIEN)

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General Terms and Conditions (GTC) for deliveries of goods

Addresses:

HUSS-VERLAG GmbH, CEOs: Christoph Huss, Bert Brandenburg, Rainer Langhammer,
Joseph-Dollinger-Bogen 5, 80807 München
Munich District Court, HRB 48 372
VAT ID No.: DE 129 378 806

Huss MEDIEN GmbH, CEOs Wolfgang Huss, Christoph Huss,
Am Friedrichshain 22, 10407 Berlin
District Court Berlin, HRB 36 260
VAT ID No.: DE 137 189 299

The following General Terms and Conditions (GTC) apply for purchases from the Publishers HUSS-VERLAG GmbH, Munich, and HUSS MEDIEN GmbH, Berlin. If products, databases, seminars or services that are distributed by the Publishers have different conditions, these conditions apply (e.g. for advertisements and inserts in magazines and newspapers). Deviating terms of the Customer are only valid if they have been confirmed expressly in writing by the Publisher

1. Orders

All offers of the Publisher are non-binding and without obligation.

Orders are accepted by the publisher by issuing the invoice or order confirmation. By accepting deliveries, the buyer agrees to the terms of delivery and payment. Contrary conditions can not be accepted by the publisher. This also applies if the publisher does not expressly object. Acceptance of order also takes place by sending the delivery.

The Customer has to check the confirmation for any inconsistencies with his order and to advise the Publisher of any discrepancy.

Product descriptions in catalogues, advertisements, the online shop or other advertising materials do not constitute a warranty concerning certain product properties.

Properties assured of verbally must be confirmed by us in writing to be effective.

The Publisher is entitled to withdraw from the contract if, exceptionally, the goods ordered by the Customer should be unavailable for a significant period of time, or unrecoverable data errors exist at conclusion of contract for software products.

The Publisher is also entitled to withdraw from the contract if the Customer's order is based on spelling, printing or calculation errors in the offer or there are discrepancies or errors in the text, printing or calculation.

2. Delivery

Books, magazines and other products of the publisher are delivered at the cost and expense of the buyer from the place of shipment specified by the publisher. Deviating agreements require the written confirmation of the publisher. The publisher reserves the right to delivery against payment in advance or cash on delivery.
The right to make part deliveries is reserved. The shipping costs thereof are borne by the Publisher.

3. Shipping

The dispatch shall take place on account and at the risk of the Customer. The risk associated with shipping the purchase passes to the Customer once the delivery item is handed over to the person performing the transport, if it is a commercial transaction. If the Customer is the consumer, the risk only passes to the Customer upon delivery of the shipment. If the shipment is delayed on request of the Customer, the risk is transferred to the Customer on the day that the notice of readiness for delivery is issued. The means and route of delivery is left to the discretion of the Publisher, unless otherwise agreed.

4. Notification of defects

If the purchase is a commercial transaction for both parties, the customer must inspect the goods immediately upon receipt and, if a defect becomes apparent, notify the publisher immediately in writing. If the customer fails to make such notification, the goods shall be deemed to have been accepted unless the defect was not identifiable during the inspection. Otherwise §§ 377 et seq HGB shall apply. Hidden defects must be reported to the publisher in writing immediately after their discovery. In the event of complaints, the date, type of consignment, content and invoice number must be stated.

5. Warranty/limitation

(1) If the delivered goods have defects covered by the warranty, the Publisher has the option of rectifying the defects or providing a replacement delivery as a commercial deal. The Publisher assumes the subsequent costs of materials, dispatch and labour and other expenses incurred for the purposes of fulfilling the obligation. Any further claims of the buyer, insofar as these do not result from the warranty, are excluded.

Defects in part of the delivered goods do not entitle the Customer to withdraw from the contract as a whole or to compensation instead of the whole performance, unless that part of delivery is of no use to the Customer.

(2) Insofar as this is a commercial trading operation, the period of limitation for warranty claims is 12 months from the date of delivery to the Customer. For contracts with consumers, the limitation period of two years begins at the end of the year in which the goods were delivered to the Customer.

6. Liability and limitation of liability

(1) The Publisher is liable for damages, no matter what the legal basis, insofar as these are caused by culpable violation of essential contractual obligations (the so-called cardinal obligations) by the Publisher in a manner that endangers the purpose of the contract or can be attributed to gross negligence or the intent of the Publisher. For breach of essential contractual obligations caused by slight negligence, we are liable to the limited amount of contractually typical and foreseeable damage, usually not exceeding the purchase price of the ordered goods. Contributory negligence on the part of the Customer is to be paid for by him.

(2) Liability due to intent, warranty, malice or personal injury as well as that according to the product liability law remains unaffected.

(3) The Customer is obliged to take appropriate measures to avert and reduce the damage.

7. Prices, Terms of Payment

(1) The delivery is made based on the prices indicated in the price list of the Publisher's gross final price (net price plus statutory VAT and shipping costs).

The shipping costs for shipping nationally and internationally (e.g. packaging and postage) are calculated in addition and borne by the Customer.

(2) The prices indicated on the invoice are binding. The Publisher is entitled to change the prices for subscription contracts and other continuous obligations, particularly taking into account the general inflation rate. The price update applies particularly to verifiable increases in materials, shipping and labour costs based on customer information for this. If the Publisher has announced price changes before the order is received, then the new prices apply. The Customer is entitled to terminate the contract if the price increase exceeds 5%. The Customer can submit his cancellation in writing within one month after the announcement of the price adjustment.

(3) Payment of the goods following invoicing is either by cash on delivery, credit card or in advance.

For delivery against invoice, all invoices must be paid within 14 days of receipt of invoice, unless otherwise agreed in writing.

Payments must be made without deduction to the amounts appearing on the invoice. Payments in foreign currencies will be accepted applying the current exchange rate. A cash discount will not be granted. Cheques are accepted only after they have been deposited. Bank charges and bank fees are payable directly by the Customer.

(4) The Customer is deemed to be in default no later than 30 days following the due date on the invoice, a reminder is then unnecessary; all outstanding debits due to the Publisher are then due for payment immediately. However, the Publisher warns that a fee of €7.50 is incurred per reminder. If payment is not received by the date specified on the invoice, interest to the amount of 9% above the current standard interest rate of the European Central Bank will be charged and a flat charge for damage caused by non-payment of €40.00, which is added to damages claimed for the event that the damages are demonstrably higher (e.g. costs of legal proceedings). The flat charge reimbursement is payable for non-payment of discounted or instalment payments. (§ 288 BGB (German Civil Code revision)) This applies to advertisements taken out after 28.7.2014, excluded are subscriptions, unless the return service was provided after 30.6.2016 (Art. 229 § 34 of the revision of the EGBG (Introductory Act to the German Civil Code)). Payment deadlines for commercial business transactions can be no longer than 60 days, unless further payment deadlines are not grossly inequitable for the creditors. If the client is the consumer, in the event of default the rate of interest charged is 5 percent above the base interest rate. This also applies to deferment of payment. The Publisher reserves the right to assert further damages against companies and consumers. The contractor remains free to prove in detail higher or lower damages. In the event of default of payment by companies or consumers, the Publisher may stop further publication of the current order until such time as the payment is made. The Publisher may also demand advance payment for all remaining advertisements. If there is reasonable doubt as to the solvency of the contractor, the Publisher is entitled to require advance payment for all future advertisements regardless of what may have originally been agreed and to make continued publishing conditional on payment of all outstanding invoices.

(5) If, after conclusion of contract, the Publisher recognizes the risk of a lack of performance of the Customer, the Publisher is entitled to effect any outstanding deliveries only against advance payment or security. If such prepayments or security have not been provided after expiration of a reasonable period of grace, the Publisher may withdraw from any or all of the affected contracts, either entirely or partially. The assertion of further rights remains is reserved for the Publisher. The Publisher also reserves the right to rescind the contract if the Customer has submitted incorrect information about his creditworthiness.

(6) The Customer can only offset against the Publisher such claims as are undisputed, legally binding or recognised by the Publisher in writing. Exceptions to this rule are counterclaims arising from the same contractual relationship. The same applies to assertion of the right of retention. Payment in instalments is only possible after prior written agreement. The following applies to purchase contracts with instalment agreements:

If the purchaser defaults on two consecutive instalments and the default is at least10% of the total price, the entire remaining demand of the seller is due at once. If the Customer is a business, the default of two successive instalments is sufficient to demand for the total outstanding claim.

In the event of several claims, any payments will be credited to older claims plus interest.

(7) The Publisher is entitled to exclude a defaulting Customer from further deliveries and to cancel business relationships for other substantive reasons.

8. Retention of title

The delivered goods shall remain the property of the Publisher until all the purchase price claims are fully paid. In commercial transactions, this applies until full payment has been made on all claims arising from the business relationship, irrespective of the legal basis.

The Customer is not entitled to assign the purchased goods as security or to pledge the goods, but is entitled to a conditional resale of the goods within a regular transaction. The Customer assigns to the Publisher claims accrued from business partners as security against the open claims. In commercial transactions, this applies until full payment has been made on all claims arising from the business relationship, irrespective of the legal basis.

If the Customer includes resale to a third party in an existing account in an existing current account relationship, then the transferable balance is regarded as having been transferred. If the value of the security available for the Publisher exceeds his total claims by more than 10%, the Publisher is obliged, at the Customer's request, to release securities at his discretion.

At the request of the Publisher, the Customer is obliged to announce the assignment to the third party to the Publisher or to disclose names and addresses. Until the complete payment of the goods, the Customer must notify the Publisher immediately of any change of residence or any seizure of the goods or any other impairment of the rights of the Publisher. The Publisher is entitled to assert the right of reservation of ownership, without withdrawing from the contract.
 

9. Cancellation policy

9.1 Cancellation policy for the delivery of goods

Consumers have a 14-day right to cancel.

Right of Cancellation
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. In order to carry out your right of withdrawal, you must inform us about your decision to withdraw from this contract by means of an explicit statement (eg a letter sent by post, fax or e-mail).

You can use the attached standard withdrawal form for the good deliveries (PDF HUSS-VERLAG GmbH  /  PDF  HUSS-MEDIEN GmbH), but this is not mandatory.

In order to maintain the cancellation period, it is sufficient for you to send the notification of the right of withdrawal before the expiry of the withdrawal period.
 

The revocation or the return of the item is to be addressed to the respective contractual partner:

HUSS-VERLAG GmbH, Joseph-Dollinger-Bogen 5, 80807 Munich, Fax +49 (0) 89 32391416; Tel + 49- (0) 89 323910; shop@huss-verlag.de

HUSS-MEDIEN GmbH, Am Friedrichshain 22, 10407 Berlin, Fax +49 (0) 30-42151480; Tel +49 (0) 30 421510; bestellung@huss-shop.de

Consequences of withdrawal

If you withdraw from this contract, all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same method of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for those repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us about the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss the value of the goods, if this loss of value is due to a handling that is not necessary for the examination of nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

  • Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
     
  • Contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery.
     
  • Contracts for the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery.
     
  • Contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
     
  • Contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

 

9.2 Cancellation policy for subscription contracts

Consumers have a 14-day right to cancel.

Right of Cancellation
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. In order to carry out your right of withdrawal, you must inform us about your decision to withdraw from this contract by means of an explicit statement (eg a letter sent by post, fax or e-mail).

You can use the attached standard withdrawal form for the subscription contracts (PDF HUSS-VERLAG GmbH  /  PDF  HUSS-MEDIEN GmbH), but this is not mandatory.

In order to maintain the cancellation period, it is sufficient for you to send the notification of the right of withdrawal before the expiry of the withdrawal period.

The revocation or the return of the item is to be addressed to the respective contractual partner:

HUSS-VERLAG GmbH, Joseph-Dollinger-Bogen 5, 80807 Munich, Fax +49 (0) 89 32391416; Tel + 49- (0) 89 323910; shop@huss-verlag.de

HUSS-MEDIEN GmbH, Am Friedrichshain 22, 10407 Berlin, Fax +49 (0) 30-42151480; Tel +49 (0) 30 421510; bestellung@huss-shop.de
 

Consequences of withdrawal

If you withdraw from this contract, all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same method of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for those repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us about the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss the value of the goods, if this loss of value is due to a handling that is not necessary for the examination of nature, characteristics and functioning of the goods.
 

If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days of the days on which you notify us of the revocation of this contract at the latest. The period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.

9.3 Cancellation policy for digital products

Consumers have a 14-day right to cancel.

Right of Cancellation

You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. In order to carry out your right of withdrawal, you must inform us about your decision to withdraw from this contract by means of an explicit statement (eg a letter sent by post, fax or e-mail).

You can use the attached standard withdrawal form for the digital products (PDF HUSS-VERLAG GmbH  /  PDF  HUSS-MEDIEN GmbH), but this is not mandatory.

In order to maintain the cancellation period, it is sufficient for you to send the notification of the right of withdrawal before the expiry of the withdrawal period.

The revocation or the return of the item is to be addressed to the respective contractual partner:

HUSS-VERLAG GmbH, Joseph-Dollinger-Bogen 5, 80807 Munich, Fax +49 (0) 89 32391416; Tel + 49- (0) 89 323910; shop@huss-verlag.de

HUSS-MEDIEN GmbH, Am Friedrichshain 22, 10407 Berlin, Fax +49 (0) 30-42151480; Tel +49 (0) 30 421510; bestellung@huss-shop.de
 

Consequences of withdrawal

If you withdraw from this contract, all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same method of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.

 

End of the revocation instructions

10. Address sales

The addresses provided by the Publisher or published in books are copyrighted. They may not be reproduced, propagated and applied for multiple addressing on labels, or stored and used, without the prior consent of the Publisher.

The LIGHT or FULL license (bus addresses), as well as the YEAR license (all other address groups) are limited to one year against payment of the applicable address price; the STANDARD and ONE-OFF license (bus addresses and all other address groups), as well as the adhesive labels are each limited to one mailing. Licence-violating use obliges the user to payment of 10 times the address price current at the time of the violation of all in our database included bus addresses. Monitoring is carried out by means of control addresses.

The Publisher obtains, maintains and selects the addresses offered by him with the industry-standard care. However, the addresses provided by the contractor are subject to a constant change processes. Consequently, the addresses delivered to the contractor cannot always be entirely accurate or error-free. A standard margin of error of up to 5% on the supplied addresses cannot be ruled out, which is why the Publisher assumes no liability for the correctness of the addresses provided or information or the assignment of information to customer data records. In this respect, there is no defect of addresses and no claim for damages, replacement or reduction.

The Publisher and his vicarious agents are liable at contract initiation, contract performance or tort only for wilful intent and gross negligence. Liability for further damage, in particular for consequential damage is excluded, unless the Publisher acted intentionally or grossly negligently. If the Customer demands damages for non-performance in cases where performance has become culpably impossible or the contractual services have been completed badly, this can only be asserted to the amount of the invoice for the appropriate order.

The limitation of liability does not apply if the Publisher or his vicarious agents act with intent or gross negligence.

The quantities listed in the offers, price lists and order confirmations of the publisher are only approximate. The number of addresses affectively selected and used for the respective order is decisive for the service and the price calculation.

Note: If customer data collected, stored or used for purposes of advertising, the rules of the DSGVO / BDSG and the UWG (especially § 7) must be observed. The specified contact details (telephone, email) are partly taken from public sources and therefore have no opt-in. The respective industrial entrepreneur is responsible for compliance with the legal provisions.

11. Terms and Conditions for events

The specific terms referred to in the relevant registration documents for trade fairs, congresses, workshops, seminars, study tours, lectures, etc. are binding after registration and validation (e.g. services, fees, cancellation, etc.) Representation of a registered participant is possible. A refund of the participation fee is only for general cancellation of the event. Claims for damages cannot result from the cancellation. Any changes to the programme for urgent reasons are reserved for the organiser.

12. Disclaimer for links

Even though the Publisher has exercised great care in offering good quality links to the user, the Publisher nonetheless hereby declares that he accepts no responsibility for the content of linked sites and does not adopt the content in any way. This declaration applies to all links placed on the Publisher website. In no event is the Publisher responsible for the content of Internet sites referring to the Publisher. Also, the Publisher is unable to establish or verify references to themselves.

The Publisher also has no influence over how the information offered by the user is used, disclosed or can be changed and disclosed and as such cannot be held responsible for damages, lost benefits, or other direct or indirect consequences, which arise from the use of the offered information.

13. Place of performance and court of jurisdiction

Place of fulfilment for orders from the HUSS-VERLAG GmbH for commercial transactions is Munich, the place of fulfilment for orders from the HUSS Medien GmbH for commercial transactions is Berlin.

The court of jurisdiction for commercial transaction regarding orders from the HUSS-VERLAG GmbH is also Munich. The court of jurisdiction for commercial transactions regarding orders from the HUSS Medien GmbH is also Berlin.

The respective Publisher is also entitled to take legal action in the court that has jurisdiction for the domicile or subsidiary of the Customer.

14. Final provisions

(1) Deviations from these Terms and Conditions must be effected in the written form. The same applies to the waiver of the written form requirement.
The written form requirement does not apply if the Customer is a consumer.

(2) All rights on copyrighted works of the Publisher are reserved, especially reproduction, leasing, rental, proliferation, communication to the public or publication of the material supplied by the Publisher or its commercial use, either wholly or partially without the prior written permission of the Publishers is prohibited.

(3) If any provisions of these Terms and Conditions are invalid or lose their validity through yet unknown circumstances, the validity of the General Terms and Conditions shall remain unaffected. Invalid provisions must be replaced by mutual agreement with those such as may be suited to achieve the desired commercial purpose, taking into account the particular interests of both parties. The same applies to the filling of gaps in these Terms and Conditions. This does not apply if the Customer is a consumer.

(4) The contract is subject to German law, under exclusion of the UN Sales Convention.

(5) The language of the agreement is German.
 

Additional Terms and Conditions for magazines

Delivery is usually directly from the Publisher.

The purchase of magazines is continuous up to the written notice of termination, but can also be beyond the calculated period. If a cancellation is not submitted in time, the subscription extends automatically by one calendar year, unless otherwise agreed.

For magazines, a contract can only be terminated to the end of the year and notification must be received by the Publisher six weeks before the end of the calendar year. Cancellations will be confirmed by the Publisher. A refusal of acceptance of deliveries is not considered cancellation.

The journals are exempt from a fixed price. The prices quoted on the invoice are binding. All prices are plus VAT and do not include shipping costs. Price changes including unpredictable postage increases remain reserved.

Subscription fees are due in advance. Payment for the magazines is upon receipt of the invoice, even if the publications for the preceding year are not yet complete. Non-payment does not mean the subscription has been cancelled.

ln case of default, the entire claims of the publisher are due immediately. The publisher is entitled to exclude a defaulting customer from the onward delivery and to dissolve it for other business relations that exist for him.

Contacts for address changes, accounting, claims, complaints, cancellations and other communications are:

HUSS-VERLAG GmbH

Magazine sales
Joseph-Dollinger-Bogen 5
80807 München
Tel. 089/32391-0

HUSS-MEDIEN GmbH
Magazine sales
Am Friedrichshain 22
10407 Berlin
Tel. 030/42151-0

When changing the address, the new and old address must be entered next to the title of the journal. Changes to addresses must be reported at least six weeks prior to their validity. A change of address must be communicated at the earliest opportunity; the Publishers accept no liability for any magazines lost due to a delayed notification of change.

© Verlag HUSS-VERLAG GmbH und HUSS-MEDIEN GmbH, Stand August 2018

 


Additional Terms and Conditions for digital products

§ 1 Scope

The publishers HUSS-VERLAG GmbH and Huss Medien GmbH (hereinafter respectively called "the Publisher") these additional Terms and Conditions use for their digital products in addition to the general Terms and Conditions of the Publishers, provided that they do not contradict these terms and conditions (www.huss-shop.de).

User rights to the digital products of the Publisher are granted. The provisions of this license agreement also apply to the updates that are made available to the user.

§ 2 Ownership of rights, granting of rights

(1) The user acknowledges that by digital products both a protection-enabled database system within the meaning of § 4 Paragraph 2, Sentence 1 of the UrhG (German Copyright Act) and protectable database within the meaning of § 87a Paragraph 1 of the UrhG (German Copyright Act) is meant. Furthermore, the user acknowledges that the Publisher is the "manufacturer" of the database within the meaning of § 87a, paragraph 2 of the UrhG (Copyright Act). The query software needed to use the database, if it is not already protected according to the provisions on database systems or databases, comes under the protection of the §§ 69a et sqq. of the UrhG (German Copyright Act) and also under the control of the Publisher. The manual is copyrighted according to § 2 UrhG (German Copyright Act).

(2) Upon payment of the purchase price, the Publisher grants for the duration of the term of the contract the user the simple, non-exclusive and transferable to third parties only pursuant to § 3, paid right to use the digital products in accordance with the contract provisions.

(3) The user is entitled to access the database in the manner described in the manual to search the database and to use the recovered data or documents for their own use. This includes the right to save or print the research results or the retrieved documents for their own research.

(4) The paid or unpaid conduct of research on behalf of third parties is only permitted with the express permission of the Publisher and only to the extent as is typical for individual research and the research results are solely for the use of the customer.

(5) The user is only entitled to make copies of the software insofar as this is necessary for contractual use. He is entitled to make a copy for backup purposes. Use of the research results beyond personal use in the form of data or database elements or recovered data or documents is not permitted, in particular the copying, storing, use of data to disclose to third parties or for commercial purposes.

(6) If the digital product is not a database but software (such as calculation program), it is governed by the product protection of the §§ 69a et seq. UrhG (German Copyright Act). The paragraphs (2) to (4) shall apply mutatis mutandis.

§ 3 Transfer

(1)The ownership or possession of the digital products may be transferred to someone else, provided that:

a) The installed software, and all data stored on the hard drive are deleted irrevocably; and

b) The receiver agrees with the provisions of these Terms and Conditions in writing; and

c) All contractual items with all accompanying written materials are transferred and

d) The transfer includes the last updated version (update) and all previous versions.

(2) Notwithstanding the above, disclosure of the addresses, offered in digital form by the Publisher in the framework of the bus addresses, is prohibited. In particular the addresses may not be leased, lent or sub-licensed, as long as this is not expressly permitted by the Publisher. Multiple licenses may be used within the specified framework, as described in the license agreements enclosed in the products.

§ 4 licenses

(1) The license agreed for digital products of the Publisher entitles the user to installation and operation on one monitor-based workstation. An individual agreement must be made for use on other workstations in a network.

(2) Licenses can be obtained by contacting the Publisher on:

Tel.: (089) 32391-319,
Fax: (089) 32391-416,
E-Mail: shop@huss-verlag.de.

(3) Installation is onto a workstation. The Publisher does not guarantee that the application will work in the network. It is a matter for the user, and the network administrator appointed by him, to install the programme and perform the updates accordingly.

(4) Providing access to the programme for persons who are outside the organisation of the user is inadmissible.

§ 5 Warranty and trasfer of risk

The Publisher points out that for the current state of technology, it is not possible to ensure that software works flawlessly in all combinations and applications. The object of the contract is therefore only software which is basically usable in the sense of the description and use instructions. The Publisher makes no warranties, expressly or implied, with regard to the commercial quality or fitness for a particular purpose. However, the Publisher endeavours to remedy errors that occur with the help of updates within a reasonable period of time. The Publisher excludes all warranty and liability for software modified by the Customer. If the Customer is not a consumer, all deliveries are made at the cost and risk of the Customer.

§ 6 Liability

(1) The Publisher is liable for damages, regardless of the legal basis of liability, as well as for a lack of warranty information.

a) Without limiting the amount of damages for intent or gross negligence on the part of its legal representatives or management employees as well as for serious organisational faults

b) With limitation to foreseeable damages which might typically occur under the contract for the culpable violation of essential contractual obligations; for gross negligence or intent of his vicarious agents; for personal injury; otherwise limited to the amount of the contractual compensation per claim.

(2) The Publisher shall in no event be liable for any loss of data, indirect, direct, special; incidental or consequential damages (including lost profit) or other damages, irrespective of whether these are based on contractual, criminal or another liability, insofar as an exclusion of liability is permitted by law. The Publisher is not liable for damages, insofar as the Customer could have prevented their occurrence by reasonable measures, in particular a backup of the programme and data. The provisions of these liability provisions also apply to the employees and other vicarious agents of the Publisher.

(3) Liability under product liability law remains unaffected.

§ 7 The Publisher reserves the right, at any time without prior notice, to change, update, modify or delete the digital products and their contents. For this reason, no claim can be derived from the Publisher.

© Verlag HUSS-VERLAG GmbH and HUSS-Medien GmbH. Last modified on August 2018

 

 

 

 

 

 

 

Legal information for consumers:
The European Commission provides a platform for an out-of-court online dispute resolution: http://ec.europa.eu/consumers/odr/ ( ODR platform).
Please note that we do not participate in dispute resolution proceedings before a consumer arbitration board.